Facebook Twitter Our Blog
Search
Anderson and Associates, P.C.

Free Initial Consultation

847-995-9999

Subscribe to this list via RSS Blog posts tagged in children and divorce

Schaumburg child support lawyer

When parents get a divorce, they are still responsible for taking care of their children. How this is orchestrated may change, but every child has the right to receive support from both of their parents, emotionally and financially. This is why when parenting plans are created, a judge will likely keep both parents involved in the child’s life unless there are extreme circumstances, such as abuse. Child support is how the noncustodial parent will financially contribute to the child’s well-being. 

Determining Child Support

When child support is calculated in Illinois, both parents’ net incomes are considered using an "income shares" model. The numerical amount of support that parents are responsible for is based on their percentage of combined net income. The paying parent is usually the person who has the least amount of parenting time. Child support for the main custodial parent is implied. Money paid for child support goes toward basic needs, medical costs, and school expenses for the child only. 

...

Arlington Heights allocation of parental responsibilities attorneyWhen people get divorced, they are forced to make decisions about splitting the life they built together. In most situations, this will include assets and finances. When a couple has children, this affects the above variables, but also creates new challenges during the proceedings. In most cases, an Illinois judge will keep both divorcing parents in a child’s life, but the care of that child is referred to as the allocation of parental responsibilities and will be organized through a parenting plan.

A parenting plan is an organizational system used by divorced adults with children. The plan allocates parental responsibility and parenting time, which have replaced the terms custody and visitation in Illinois law. These terms mean different things, but they do have overlap. Parenting time is quality time spent with a child. It may be playing their favorite game, providing basic necessities, and disciplining them. Having parental responsibility has more to do with decisions that affect a child's future or well-being. A parent who has parental responsibility will have parenting time. However, there may be cases in which a parent is allocated parenting time but does not have any decision-making responsibility for children. 

Parental responsibility involves making decisions about the following areas, and each of these areas may be shared by parents or allocated solely to one parent:

...

Schaumburg parenting time attorney

Being a teenager can be tough. The wrong haircut or a break-up can feel like the end of the world, so the major life changes that teens will experience when their parents go through a divorce can be especially traumatizing. Studies show that slightly less than half of all marriages end in divorce in the United States, and a quarter of teens whose parents divorce will experience emotional issues. Generally speaking, getting a divorce with children makes the split more complicated. Although a teenager will likely be able to conceptualize what a divorce means better than a younger child, the teen’s emotions may be more dramatic.

A divorce can be a turning point in any child’s life, and family changes can cause stress. A teen may develop anxiety and depression, or he or she may go through a phase involving substance abuse or poor grades. Every teen will react to divorce differently depending on their emotional maturity and family relationships. Recognizing signs that your teen is struggling during your divorce is important in order to help him or her cope with the transition. 

...

Arlington Heights family law attorney

It is no secret that divorce is tough on a family. Although a husband and wife no longer want to be married, they both will continue to share a relationship with their children. After a divorce, one parent often moves from the family home, which can be difficult for children to begin with, but it can also change their daily routines or schedules. When addressing issues such as when children will have quality time with either parent, Illinois law allows families to complete a parenting plan, which must be in writing and signed by both parents to be considered legally binding.

What Is a Parenting Plan?

Since 2016, Illinois has removed terms such as “custody” and “visitation” from state family laws in an attempt to better address the roles that parents play following divorce. Now, such matters are referred to as “parental responsibility” and “parenting time,” respectively. A parenting plan is what puts decisions about these issues into action after a divorce by dictating how parental responsibilities will be allocated or shared between parents and when each parent will spend time with the child. 

...

Schaumburg family law and divorce attorney

A person will likely experience many changes after getting a divorce. One spouse may move to a different city or state to get a fresh start. If children are involved, a parenting plan will be created to allocate parental responsibility and scheduled parenting time, among other things. Also, finances will be affected, since the spouses will no longer be sharing incomes. Another adjustment for a newly single person will be how he or she files taxes at the end of the year. An individual’s tax filing status will be different after a divorce, especially if children are involved. 

Filing Status

Depending on when the divorce is finalized will determine how a couple can file. If the divorce is final before December 31 at 11:59 p.m., each party must file their own individual tax return for that year. However, if the couple remains married at this time, they may choose whether to file taxes jointly or individually. A single person often can only claim one allowance, but a married couple has access to several. 

...

Posted on in Divorce

Palatine parenting plan lawyer

Any person who grew up with divorced parents will tell you it is not easy. Although the divorce rate in the United States has decreased, slightly less than half of all marriages still end in divorce. Traditionally, two people get married and then start a family, so children are often caught in the crossfire of a divorce. Studies have shown that children of divorce are more likely to marry another person with divorced parents, and those couples are more likely to get a divorce themselves. If the cycle of divorce continues, it is important for parents to learn how to communicate with their children about the end of their marriage. 

Open Communication

How the discussion of divorce should be handled will depend on the age and emotional maturity of a child. If there are multiple children with significant gaps in age, it may be best to individualize these discussions. Some of the most important aspects of these conversations include being open and honest while talking to children about divorce. Expect a wide range of reactions and emotions, which could go on for a period of time, even after the divorce is final. Some tips for discussing divorce with children of different ages include:

...

Palatine parenting plan lawyer

Divorce brings changes to all members of an immediate family. Instead of giving custody to one parent over the other, Illinois allocates parental responsibility and parenting time through a parenting plan, which is a court order that maps out how a child will be taken care of after divorce. This schedule includes details such as when a child stays with each parent. The parenting plan will also specify how decisions are made for education, religion, and medical care are covered, as well as who has the authority to make these decisions. Things like school and extracurricular activities will be taken into consideration when creating this plan, and it is best if co-parents can communicate with each other about expectations during the school year. 

School Issues to Consider  

When creating a parenting plan, it is best to avoid disrupting the child’s life as much as possible. There are a couple of things to keep in mind regarding education:

...

Arlington Heights divorce attorney

Many married people fear getting divorced, especially if they have been together for a long time or have children. If someone has been divorced once before, the stakes can seem even higher if he or she is contemplating a second divorce. It is often stated that half of the marriages in the United States end in divorce. However, the actual statistic is less than half, with first-time divorce rates decreasing since the 1980s. However, the rate for second marriages to end in divorce is between 67-80 percent. Third marriages end at an even higher rate. Even if someone has gone through a divorce before, it is important to seek legal guidance, because each marriage and divorce is unique. 

The Divorce Process in Illinois

Everyone has their own reasons for deciding to get a divorce, but some common reasons include infidelity, different life goals, unmet expectations, or falling out of love. People sometimes marry after a brief courtship, and they do not have time to discuss important issues involved with marriage, such as career goals or having children. 

...

Barrington parental responsibility lawyer

When parents decide to get divorced, the future of their child will be one of their primary concerns. No parent wants to give up time with his or her child, but when a couple splits up, changes to parent-child relationships are inevitable. During their divorce, parents should be sure to understand how Illinois law will affect decisions about the allocation of parental responsibilities.

What Is Parental Responsibility?

In 2016, the word “custody” was removed from Illinois family law and replaced with "allocation of parental responsibility." Another common term, “visitation,” was replaced with "parenting time." Parental responsibility includes the right to make decisions for a child, and it is usually shared by both parents in some capacity, unless one parent is seen as unfit. These decisions involve religion, education, medical care, and other important choices a parent makes for a child. 

...

Schaumburg divorce attorney summer parenting plan

Summer vacation is what students look forward to all year. However, if a couple gets a divorce, there can be much uncertainty around this time of year for parents and children alike. Without school to fill children's daily schedules, an entirely different schedule within your parenting plan may be necessary.

What Is a Parenting Plan?

When a married couple with children gets divorced, they must create a parenting plan. This is a court order that specifies how children will be taken care of after a divorce. The parenting plan will explain the amount of time each parent gets to spend with a child, and how parents will make decisions about raising their children. In Illinois, the terms “custody” and “visitation” have been replaced by “parental responsibilities” and “parenting time.” Instead of dividing legal and physical custody of children, parents may divide or share decision-making responsibilities, and each parent will typically be given parenting time with the children.

...

Arlington Heights divorce lawyer

While divorce is difficult on the adults involved, it can be especially traumatic for the children a divorcing couple shares. How you handle the divorce can have a lasting impact on your children’s lives.  

One of the biggest concerns parents have when getting a divorce is when they will see their children. In Illinois, there is no longer “custody.” Parental responsibilities are determined and parenting time is decided and maintained through a parenting plan. A parenting plan determines which parent the child spends time with and when. Other details such as school pickups, holidays, and extracurricular activities will also be covered in your parenting plan. 

...

Posted on in Divorce

Palatine divorce lawyers

A married couple may decide to start a family, but what happens if that couple decides to get a divorce while expecting a child? A divorce and pregnancy are stressful on their own, but experiencing them together presents a unique set of challenges. In Illinois, a pregnancy in no way restricts your ability to end a marriage, but there are some reasons a family may choose to delay divorce finalization until after the child is born. 

Whether this is a first child or a new addition, it will be important to discuss what is best for your growing family. Although you and your spouse may not see eye to eye anymore, reaching common ground about an unborn child and divorce will reduce everyone’s stress. Consider some of these points when making decisions about your divorce with a baby on the way. 

...

Posted on in Divorce

Schaumburg family lawyer

When children are young, birthday parties are a way to make them feel special, with family and friends in attendance. However, after a divorce, celebrating a child’s birthday may feel like a complicated and daunting task. Your child deserves to have a great day, but seeing your ex-spouse and being reminded of your divorce may not be the best situation for everyone involved. You may also feel increased pressure to make things perfect for your child, especially if you are recently divorced.

To start, your parenting plan may have all the answers. You might have communicated what to do for family birthdays in your divorce agreement. A parenting plan dictates which parent a child spends time with and when. Maybe that was a while ago, and things have changed, or it was not included at all. 

...

Posted on in Child Custody

Arlington Heights Divorce Attorney

Child custody, known as the allocation of parental responsibilities in Illinois, is one of the more complicated aspects of a divorce. Despite your opinion and feelings about your ex-spouse, you both still have the common ground of loving your children together. No one wants to feel like their children are taken away, or that they are being purposely kept from them. With the right parenting plan, you can create a schedule that benefits everyone. 

In recent years, Illinois has implemented changes to family law procedures regarding divorce and children. Along with the change from child custody to the allocation of parental responsibilities, the terms “sole” and “joint” custody are no longer used. Visitation is also an outdated term, and parenting time is now used in its place. 

...

Schaumburg Divorce Lawyer

Your adolescent child may be closer to being an adult than an infant, but your son or daughter is at a transitional time in their life when it comes to emotions and self-esteem. Teenagers may appear adjusted to the idea of their parents getting a divorce, but they often take it harder than younger siblings. 

The World Health Organization classifies an adolescent as someone between the ages of 10 and 19. There are many things a child in that age frame can worry about, from acne to getting into the right college. The pressure to do well in school, maintain a social life, and participate in extracurricular activities can be overwhelming. On top of that, from puberty onward, there are physical and emotional changes that have a significant impact on a teenager’s life. 

...

Posted on in Divorce

Schaumburg Divorce Lawyers

No matter what holiday you celebrate this time of year, if you are recently divorced with children, it can be difficult to let go of your ex-spouse and the times you had. Family holidays like Christmas typically increase the level of communication between you, and if this is your first holiday season after your split or divorce, planning festivities may feel like a daunting task. Your parenting plan is a great place to start. 

A parenting plan should provide a breakdown of all important holidays. School-aged children have extra time off this time of year, so your plan should reflect that in a manner that is fair to both parents. Splitting a child’s time off and allowing each parent to have either Christmas or Christmas Eve is a good way to go. 

...

Schaumburg Divorce Attorneys

Enlisting children in extracurricular activities builds confidence and opens doors to different interests. Participating in music, sports, or clubs as a child can create lifelong skills and passions. 

A break in the family, such as a divorce, can make life feel uncertain for your children, and create conflicts between parents. Perhaps one parent thinks the violin lessons are going nowhere, or horseback riding lessons are too expensive, while the other disagrees.

...

Schaumburg Divorce Attorneys

Did you know married couples with teenage daughters are more likely to get divorced than those without? Still, it is much more than the occasional screams and door slams from a teenage girl that leads to a divorce.

Both male and female teens go through dramatic changes during those years, and divorce can turn things even more traumatic. This change may pile up on everything else they are feeling. 

...

Posted on in Divorce

Schaumburg Divorce Attorneys

Thanksgiving starts the holiday season that recently divorced couples sometimes dread. When children are involved, holidays like Thanksgiving that are family based often get complicated. While your parenting plan likely covers holidays and other special dates, that does not mean it will be an easy time emotionally. 

Cooking for a large group of people is intimidating enough. Here are some tips for surviving your first Thanksgiving after a divorce:

...

Schaumburg Divorce Attorneys

Illinois is an equal distribution state, which means when assets are split between two parties in a divorce, the judge determines what is a fair division. This does not mean assets are split 50/50, however, and numerous factors are considered, including:

  • Length of the marriage.
  • How much each spouse makes.
  • Health and age.
  • Standard of living.

If the home you and your spouse lived in was marital property, one person will typically be granted the family home. This is usually the spouse who has primary residential care of any children under the allocation of parental responsibilities (formerly called custody). For the other spouse, this means finding a new residence. 

...
Chicago Bar Association DuPage Association of Woman Lawyers Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association
Back to Top